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Wrongful Death Attorney in Oreana

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About Carlson Bier Associates

When it comes to wrongful death cases, trust and confidence in your legal representation is paramount. This is why countless individuals turn to Carlson Bier. Recognized as a leading Illinois firm specializing in personal injury law, their expertise particularly shines through in wrongful death litigation where they diligently safeguard the rights of grieving families across Oreana. The lawyers of Carlson Bier have demonstrated consistent success at trial effectively securing justice for clients who’ve tragically lost loved ones due to others’ negligence or wrongdoing.

Adept at navigating complex statutes surrounding wrongful deaths, their approach emphasizing compassion and powerful advocacy provides families much needed peace during difficult times. They are acutely aware of how essential rightful compensation can be for those dealing with unexpected costs appearing after tragic loss; hence they assertively pursue maximum damages ensuring financial relief accessible when it’s utmost needed.

In choosing Carlson Bier’s attorneys for your pressing legal need, you choose unparalleled dedication and astute representation that resonates powerfully within the courtroom walls ensuring justice harmonizes with your irreplaceable loss. In Oreana’s realm of Wrongful Death cases – yours wouldn’t be unfairly overlooked under their steadfast supervision.

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About Carlson Bier

Wrongful Death Lawyers in Oreana Illinois

Navigating the complexities of personal injury law can be difficult, and at Carlson Bier, we’re committed to providing you with detailed insights about crucial aspects such as wrongful death claims. Being an experienced group of attorneys based in Illinois, we understand state-specific laws applicable to your situation, enabling us to bring value and meaningful assistance.

Wrongful death refers to situations where a person dies due to someone else’s negligence or intentional act. Such instances evoke a unique kind of anguish for loved ones left behind who not only have to deal with emotional trauma but also financial hardships brought by sudden loss.

In Illinois, several key points underscore wrongful death cases:

• Only specific family members are entitled to file these lawsuits – typically spouses or children.

• These claims must be filed within two years of the deceased’s passing

• Successful claimants might expect compensation relating to lost earnings, funeral expenses, grief-suffering-pain-fear-anxiety and other factors closely associated with the decedent.

• The burden of proof rests on claimants; it is essential they establish that negligence or intent caused their loved one’s tragic demise.

Wrongful deaths occur more frequently than expected. Auto accidents, work-place injuries, medical malpractice and even defective product incidents might all result in untimely demises triggering wrongful death claims. Understanding this complex area requires professional advice which our experts at Carlson Bier are glad to provide through initial consultations

Carlson Bier distinguishes itself on commitment towards our clients’ welfare. Our approach is never one-size-fits-all but tailored precisely fitting your distinct circumstances since each case has its own unique intricacies. We’re dedicated in helping you navigate this distressing time assuring your rights are upheld while tactfully handling sensitive aspects linked with losing a loved one.

Our reputable team will tirelessly work towards securing justice for your dear departed confining ourselves within Illinois’s legal framework diligently following stringent guidelines respecting individual state laws about practice locations. By relying on sound legal expertise, deep understanding of specific statutes and the relevant precedents, Carlson Bier is primed to steer your wrongful death claims towards fruitful outcomes

While dealing with the loss of a loved one is indeed challenging, determining whether you have a valid claim should not be an added burden. Deciding to step forward to demand justice for your dearly departed requires courage and at Carlson Bier we commend such resolve supporting you through this difficult journey; guiding you each step assuaging any uncertainties or fears.

If crucial questions linger concerning how much potential compensation might be substantial as part of your case, fret not because our online tool makes these estimates easier than ever before. Please click on the button below—the first stride towards assessing if pursuing the litigation would make sense financially besides morally.

With Carlson Bier by your side, rest assured that all aspects of your wrongful death claim will objectively verify under Illinois laws radiating pronounced emphasis centered around respecting client’s rights, dignity and ultimately securing their best interests. We ensure that unscrupulous entities are held accountable allowing grief-stricken families to focus on healing rather than battling conniving adversaries single-handedly navigating chaotic legal waters in alien territories.

Know that there’s no need for you to walk this painful path alone; assistance from knowledgeable professionals can help navigate intricate norms surrounding a wrongful death lawsuit.The act in itself can never be undone but seeking recourse using defined legal tools signposts small steps self-healing anchoring accountability where it duly belongs fostering closure during life’s most testing times.

So take a moment now and Click on the button below. Together let us assess what just compensation could look like in your unique case nudging towards eventual resolution reverberating justice’s clarion call— always pursued yet seldom achieved!

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Notable Illinois Appellate Wins

Moruzzi v. CCC Servs., Inc., 2020 IL App (2d) 190411, 171 N.E.3d 61
Background: Insured motorist filed action against insurer for declaratory judgment seeking construction of automobile insurance policy issued to insured and that was in effect when insured was injured by an underinsured driver. The Circuit Court, DuPage County, Bonnie M. Wheaton, J., granted the insurer's motions for summary judgment. Insured appealed.Holdings: The Appellate Court, Zenoff, J., held that:1 medical payments reduction clause in automobile insurance policy conflicted with underinsured motorist provisions so as to render reduction clause ambiguous, and thus medical payment benefits were deductible from insured's damages;2 law firm representing insured did not create common fund or common funds when it reached settlement with underinsured motorist, and thus law firm was not entitled to recover fees under common-fund doctrine; and3 collateral estoppel did not bar automobile insurers from litigating whether common-fund doctrine applied in insured motorist's declaratory judgment action.Affirmed in part and reversed in part.
Maier v. CC Servs., Inc., 2019 IL App (3d) 170640, 132 N.E.3d 795
Background: After insured, who was injured in automobile collision with another driver, recovered full liability limits of driver's policy, she filed amended complaint for declaratory judgment against her own automobile insurer, alleging that insurer breached contractual duty to pay for insured's damages in accordance with uninsured/underinsured motorist (UIM) coverage in insured's policy and that insurer acted in bad faith in denying insured such coverage. The Circuit Court, La Salle County, Troy D. Holland, J., granted the insurer's motion to dismiss claims as time-barred. Insured appealed.The Appellate Court ruled that neither the insurer nor the insured could add amended policy provisions to the court record. It was decided that the policy's requirement for a written arbitration demand applied to both uninsured and underinsured motorist claims. The court found that a letter from the insured's attorney to the insurer wasn't a valid arbitration demand nor a proof of loss to toll the statute of limitations. Finally, the insurer was permitted to use the defense based on the two-year statute of limitations period. The court's decision was affirmed.
Econ. Premier Assurance Co. v. Country Mut. Ins. Co., 2021 IL App (1st) 192364-U
Holding: The circuit court's order that granted defendant's motion for summary judgment and denied plaintiff's motion for partial summary judgment was proper where defendant had no duty to indemnify its insured with respect to the underlying complaint and therefore plaintiff was not entitled to recover against defendant on its subrogation or unjust enrichment claims; affirmed.
Country Preferred Ins. Co. v. Westerheide, 2023 IL App (5th) 220343-U
Holding: The court affirmed judgment of the circuit court granting summary judgment in favor of the plaintiff where the defendant failed to make a written demand for arbitration within two years from the date of the accident as required by the underinsured provisions of the defendant's automotive insurance policy.
Country Mut. Ins. Co. v. Olsak, 2022 IL App (1st) 200695, 216 N.E.3d 291
In a complex legal case, an insurer sought to avoid defending or indemnifying a hockey player under a policy issued to the player's stepfather after the player was sued for assaulting his coach. The initial Circuit Court ruling favored the insurer, but the Appellate Court reversed this decision, leading to a protracted legal battle. Ultimately, the Appellate Court determined the insurer was liable only up to the $3 million policy limit and found the insurer's four-year delay in seeking a declaratory judgment to be reasonable. This case highlights important aspects of insurance litigation and policy limit liabilities.
Country Mut. Ins. Co. v. Durkin Elec. Co., Inc., 2022 IL App (1st) 210293-U, appeal denied, 199 N.E.3d 1187 (Ill. 2022)
Holding: The circuit court's order that denied plaintiff's motion for partial summary judgment and found that defendant was an additional insured under the policy was proper. The circuit court's order that denied defendant's motion for summary judgment and found that plaintiff did not have a duty to defend or indemnify defendant under the policy was proper; affirmed.
Country Preferred Ins. Co. v. Groen, 2017 IL App (4th) 160028, 69 N.E.3d 911
Background: Uninsured motorist (UM) carrier brought action against insured for declaratory judgment that it owed no benefits since workers' compensation received by insured exceeded policy limits. The Circuit Court, Sangamon County, Chris Perrin, J., entered summary judgment in favor of the carrier. Insured appealed.Holdings: The Appellate Court, Harris, J., held that:1 employer's medical payments entitled carrier to setoff, and2 setoff clauses were enforceable.Affirmed.
Country Mut. Ins. Co. v. Frobish, 2021 IL App (3d) 190473-U
Holding: Allegations in the underlying complaint that a township employee caused property damage by excavating and digging out a ditch failed to impose a duty to defend under township employee's individual farm insurance policy.
Country Mut. Ins. Co. v. Jones, 2018 IL App (1st) 173154-U
Holding: The judgment of the circuit court of Cook County is affirmed; plaintiff is entitled to summary judgment on its claim for a declaratory judgment that it has no duty to defend or indemnify its insured against the underlying complaint because the loss claimed in the underlying complaint is subject to an exclusion. The court held that it would also enter judgment for plaintiff because the underlying complaint does not allege an “occurrence” causing bodily injury within the meaning of the policy.
Country Mut. Ins. Co. v. Schmitt, 2021 IL App (5th) 190173-U
Holding: The appellate court reversed and remanded the judgment of the circuit court where plaintiff had no duty to defend its insured and thus was not stopped from raising policy defenses to coverage for the underlying tort action contained in the amended declaratory action.
Country Mut. Ins. Co. v. Livorsi Marine, Inc., 222 Ill. 2d 303, 856 N.E.2d 338 (2006) (the late Keith Carlson)
Liability insurer brought action against insureds for a declaratory judgment based on failure to provide timely notice of lawsuits against them. The Circuit Court, Cook County, Stephen A. Schiller, J., entered judgment for the insurer. Insureds appealed. The Appellate Court, Wolfson, J., 358 Ill.App.3d 880, 295 Ill.Dec. 665, 833 N.E.2d 871, affirmed. Leave to appeal was granted.Holdings: The Supreme Court, Garman, J., held that:1 if the insurer did not receive reasonable notice of an occurrence or a lawsuit, the policyholder may not recover under the policy, regardless of whether the lack of reasonable notice prejudiced the insurer, overruling Rice v. AAA Aerostar, Inc., 294 Ill.App.3d 801, 229 Ill.Dec. 20, 690 N.E.2d 1067, and Cincinnati Insurance Co. v. Baur's Opera House, Inc., 296 Ill.App.3d 1011, 230 Ill.Dec. 624, 694 N.E.2d 593, and2 insured did not need to prove that it was prejudiced by delayed notice of lawsuits.Affirmed.
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Frequently Asked Questions

Wrongful Death FAQ​

Wrongful death occurs when a person’s death is caused by the negligence or recklessness of another person.

The following people may be able to file a wrongful death lawsuit:

  • The spouse or children of the deceased
  • The parents of the deceased
  • The siblings of the deceased
  • The personal representative of the deceased’s estate

To prove a wrongful death claim in Illinois, the plaintiff must prove the following elements:

  • The defendant owed the deceased a duty of care.
  • The defendant breached that duty of care.
  • The breach of duty caused the death of the deceased.
  • The plaintiff suffered damages as a result of the death of the deceased.

In a wrongful death lawsuit in Illinois, you may be able to recover the following types of damages:

  • Pecuniary damages: These damages are designed to compensate the plaintiff for the financial losses they have suffered as a result of the death of the deceased. This could include lost wages, medical expenses, and funeral expenses.
  • Non-pecuniary damages: These damages are designed to compensate the plaintiff for the non-financial losses they have suffered as a result of the death of the deceased. This could include pain and suffering, loss of consortium, and loss of parental guidance.

The statute of limitations for wrongful death lawsuits in Illinois is two years. This means that you have two years from the date of the death to file a lawsuit.

If you have any questions about your legal rights or options after a wrongful death, you should contact an experienced wrongful death attorney.

All Attorney Services in Oreana

Areas of Practice in Oreana

Bicycle Mishaps

Specializing in legal support for clients injured in bicycle accidents due to responsible parties' lack of care or unsafe conditions.

Burn Damages

Extending expert legal help for sufferers of serious burn injuries caused by accidents or negligence.

Healthcare Negligence

Ensuring experienced legal advice for victims affected by hospital malpractice, including misdiagnosis.

Goods Fault

Addressing cases involving faulty products, supplying professional legal help to consumers affected by defective items.

Nursing Home Mistreatment

Representing the rights of elders who have been subjected to neglect in care facilities environments, ensuring compensation.

Stumble and Tumble Incidents

Expert in managing stumble accident cases, providing legal services to persons seeking justice for their harm.

Neonatal Injuries

Providing legal guidance for families affected by medical malpractice resulting in infant injuries.

Automobile Collisions

Incidents: Committed to guiding patients of car accidents get equitable payout for harms and destruction.

Bike Crashes

Specializing in providing legal support for bikers involved in bike accidents, ensuring adequate recompense for damages.

Truck Incident

Delivering specialist legal advice for victims involved in big rig accidents, focusing on securing fair settlement for damages.

Worksite Accidents

Concentrated on representing employees or bystanders injured in construction site accidents due to carelessness or misconduct.

Head Impairments

Committed to extending dedicated legal assistance for persons suffering from neurological injuries due to carelessness.

Dog Attack Damages

Proficient in handling cases for persons who have suffered injuries from K9 assaults or wildlife encounters.

Foot-traveler Collisions

Dedicated to legal assistance for pedestrians involved in accidents, providing professional services for recovering claims.

Unwarranted Passing

Standing up for grieving parties affected by a wrongful death, offering understanding and skilled legal representation to ensure compensation.

Spinal Cord Injury

Dedicated to supporting patients with spine impairments, offering professional legal guidance to secure justice.

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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

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